F.A.No.900/2011 against C.C.No.275/2009 District Forum, Guntur

Between

Ankem Siva Nageswara Rao,

S/o.Narasimha Rao,

R/o.Door No.5-23-63, Jayaprakashnagar,

Tenali Mandal, Guntur District.                              ..Appellant/

                                                                        Complainant  

And

1. Ravi Teja Chit Fund Company Ltd.,

    Rep. by its Managing Partner

    Kolasani Koteswara Rao,

    Office at 22-15-12, Pendhotivari

    Street, Kothapet, Tenali,

    Guntur District.

2. Kolasani Koteswara Rao, S/o.Venkataramaiah

    R/o.Old Cloth Bazar, Nagarampalem,

    Guntur, Guntur District.

3  Kolasani Suseela W/o.Kolasani Koteswara Rao

    R/o.Old Cloth Bazar, Nagarampalem,

    Guntur, Guntur District.                                    Respondents/

                                                                        Opp.parties

Counsel for the Appellant               :  M/s Md.Saleem

Counsel for the Respondent           :  Notice on R1 held sufficient

     R2 and R3 served

QUORUM:  SMT.M.SHREESHA, HON’BLE Incharge President

AND

SRI T.ASHOK KUMAR, HON’BLE MEMBER.   

MONDAY, THE TWENTY FIRST DAY OF January,

TWO THOUSAND THIRTEEN

Order (Per Smt.M.Shreesha, Hon’ble Incharge President)

***

Aggrieved by the order in C.C.No.275/2009 on the file of District Forum, Guntur, the complainant preferred this appeal.

The brief facts as set out in the complaint are that the complainant joined as a Member in the chit reference No.RSA2G1 for Rs.50,000/- with a monthly subscription of Rs.2,500/- per month for a period of 20 months and was allotted token No.8.  The complainant submitted that the second opposite party issued a passbook and he paid all the instalments after deducting the dividend from February, 2008 to July, 2009 i.e. 18 monthly continuously and receipts were also issued and  the same was entered in his passbook.  The complainant submitted that in the month of July, 2009 the complainant approached the opposite parties and asked them to give the chit amount as only two instalments are due and the 2^nd opposite party promised that he would pay the chit amount after deducting his commission to the complainant.  The complainant submitted that he subsequently approached 2^nd opposite party several times and also opposite parties 3 and 4 and requested to pay the chit amount but they have been postponing the same on one pretext or the other.  The complainant on 05-11-2009 got issued a legal notice through his counsel requesting the opposite parties to pay the chit amount with interest and costs  and opposite parties 2 and 3 received the same but there was no response and opposite parties 1 and 4  returned the notices.  Alleging that this amounts to deficiency in service, the complainant filed the complaint for a direction to the opposite parties to pay the chit amount of Rs.50,000/- with interest and Rs.20,000/- towards damages and costs.

The District Forum dismissed the complaint for non-prosecution as the complainant was called absent and was also called absent on earlier occasions and that he failed to utilize the opportunity.

Aggrieved by the said order, the complainant preferred this appeal.

The learned counsel for the appellant filed written arguments.

            We observe from the record that this complaint has been dismissed for default on 21-3-2011 on the ground that the complainant is absent and no representation was made inspite of several adjournments.  Taking into consideration the submissions of the learned counsel for the appellant/ complainant that one more opportunity be given to him to prosecute his case as the chit amount is of Rs.50,000/- and the complainant has paid all the instalments and inspite of repeated requests, the opposite party did not pay the amounts and also keeping in view principles of natural justice, we are of the considered opinion that the complainant may be given one more opportunity, however, due to latches on payment of costs of Rs.500/- to the Bar Association of District Forum, Guntur and the complainant is directed to appear before the District Forum on 05-2-2013. 

After payment of costs of Rs.500/-, the District Forum is directed to restore the C.C. and issue notice to the other side and conduct a denova enquiry and dispose of the C.C. within three months as it is an old complaint of the year, 2009.

        In the result this appeal is allowed and the order of the District Forum is set aside with the aforementioned directions. 

Sd/-Incharge President.

                                                                                      Sd/-Member.

JM                                                                                                      Dt.21-1-2013.